Wood, Tennant and McLean v HM Advocate

Sentencing – Child pornography. High Court of Justiciary: In three appeals against sentence by appellants who pled guilty to offences involving making and/or possessing indecent images of children and received extended sentences, the court held that in each appeal the extended element of the sentence must be quashed: while the reasoning behind the decisions to impose extended sentences was understandable in that the sheriffs considered that a custodial term would not be sufficient to enable the offender to attend the Clyde Quay Project which was designed to reduce the risk of re-offending, that was not a legitimate use of an extended sentence; however the imposition of a custodial sentence in each case was not excessive.

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